Reluctance as it Applies to Mediation

Attorneys have grown to love the participation of mediation as it applies to promoting communication and retaining a closeness that you can’t get from anything else. However, sometimes resistance comes into play. How should it be addressed when it becomes a problem?

When it comes to the hesitant party involved in mediation, education can become widely important and even crucial. Some do not fully understand the process of mediation and what it involves, and may be afraid of the outcomes when they don’t grasp this understanding. It is a voluntary process, first off, that one can decide to discontinue at any time based off of how things go. Furthermore, the mediator involved in this process does not have authority to impose a decision or force a particular outcome. So what does the mediator do, exactly? They are meant to stand in and help the parties communicate concerns, identify all issues in the situation, expose outcomes, and reach solution.

Not only this, but mediation can be efficient and cost effective. Furthermore, confidentiality and privacy will always be protected. A judge or a jury may not be able to have the same communications with both parties, and they may find this to be much more satisfying. It can lead to more options that normally wouldn’t have even been contemplated.

What are the different types of mediation?

Facilitative approach: This approach focuses on helping parties to discuss their interests, generate potential options, and reach their own satisfying agreements.

Evaluative approach: The mediator will often share opinions, evaluate legal positions, and predict likely outcomes to guide the parties in reaching a resolution.

Transformative approach: This approach empowers the parties by fostering their recognition of each other’s perspectives, building understanding and transforming the quality of their interactions.

Some People May Have Concerns About the Mediator or Mediation Process.

Styles can range when it comes to proposed mediators, which can sometimes lead to disagreements or one party feeling uncomfortable. One side of the party may have had a negative previous experience with the chosen mediator or their specific approach.

As it applies to the process itself, it is quite “all or nothing.” Some attorneys may seem interested in mediation but think that the process may have been premature. It is best, in these situations, to mention that mediation will serve good purpose throughout many aspects of the litigation. If it is engaged in early, it can clarify the issues in dispute and make the entire litigation process a bit less adversarial. Planning can be extremely vital in the mediation process as well, seeing that pre-planning can allow both parties to focus on the proper negotiation they’re looking for.

What Cost Concerns Might One Face?

Some may think that it is most fair for mediation costs to be split, while others may disagree with this. The abilities to contribute to the costs should always be assessed to see where the parties stand in the matter. To make sure that costs are split fairly, parties may wish to suggest payment of the mediation costs based on the respective resources of the parties. Mediation costs should never have to be seen as an obstacle, as there is great satisfaction with the outcome in most cases.

California Arbitration & Mediation Services (CAMS) is an affordable mediation service that you can trust. They believe in research, that states that the earlier parties are able to resolve their dispute, the more satisfied they would be with the outcome. Call today for a low-cost mediation.

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